Notaries in the DR

[David B]

We all know that legal procedures in the DR can be complicated, well, they are rarely simple. In Pennsylvania, I can, for example, write out a will, take it to a notary, sign it, get it stamped, and that's it. Does anyone know if it is possible to do something similar in the DR? I mean, can you simply get something notarized without going through a complicated process involving a lawyer, etc? Thanks in advance!

 

[Northern Coast Diver]

We all know that legal procedures in the DR can be complicated, well, they are rarely simple. In Pennsylvania, I can, for example, write out a will, take it to a notary, sign it, get it stamped, and that's it. Does anyone know if it is possible to do something similar in the DR? I mean, can you simply get something notarized without going through a complicated process involving a lawyer, etc? Thanks in advance!

My understanding is that all notaries are lawyers.

 

[Yourmaninvegas]

My understanding is that all notaries are lawyers.

That is my understanding also.

I have experienced the following:
1. Some of them make their entire living providing these services.
2. Feeds for notary services are higher than what I had experienced previously.
3. Officials in the DRGOV can still challenge the sello of a notary.

It is my personal recommendation that an estate attorney is consulted in order learn and compose a last will and testament. Especially if you are not interested in have Dominican Law dictate how your assets are distributed after your untimely demise.

 

[JD Jones]

My understanding is that all notaries are lawyers.

I believe that is correct, but not all lawyers are notaries.

 

[malko]

I would say yes it is possible.

We had an act drawing up by a DR notary a few years ago ---- so we did not write the document and get it stamped, the notary lawyer did that.

All in all it was cheap-ish. Cant remember exactly, but only a couple thousand pesos.

The real question is what said document is really worth/ recognized when needed.

 

[JD Jones]

All of my vehicles purchases and sales have been handled by my lawyer who had to go to a notary to get her contracts notarized. I asked her why she did become one herself and she said it was too difficult.

 

[johne]

I would say yes it is possible.

We had an act drawing up by a DR notary a few years ago ---- so we did not write the document and get it stamped, the notary lawyer did that.

All in all it was cheap-ish. Cant remember exactly, but only a couple thousand pesos.

The real question is what said document is really worth/ recognized when needed.

It has always been my understanding that a lawyer cannot notarize something he has created, has a financial interest in, is not an arm length transaction. That may not be the law in the DR and if not I'd be concerned about a lawyer creating a document and then notarizing it.
IMO and this is not intended to be legal advise.

 

[Yourmaninvegas]

It has always been my understanding that a lawyer cannot notarize something he has created, has a financial interest in, is not an arm length transaction.

That is my understanding also.

That may not be the law in the DR and if not I'd be concerned about a lawyer creating a document and then notarizing it.
IMO and this is not intended to be legal advise.

This I am not sure of.

But all contracts that I have signed here in 🇩🇴 have been written by one attorney and notarized by a different attorney who is a notary.

 

[malko]

It has always been my understanding that a lawyer cannot notarize something he has created, has a financial interest in, is not an arm length transaction. That may not be the law in the DR and if not I'd be concerned about a lawyer creating a document and then notarizing it.
IMO and this is not intended to be legal advise.

Well, I do not know, and it would be interesting to find out.

It was a document concerning heritage preference in case one of the 2 parties deceased. It seems that the " tribunal de la terra " accepted the notarized document, but there again, i dont really know ( even though i should stop being lazy and make sure ).

 

[Aguaita29]

We all know that legal procedures in the DR can be complicated, well, they are rarely simple. In Pennsylvania, I can, for example, write out a will, take it to a notary, sign it, get it stamped, and that's it. Does anyone know if it is possible to do something similar in the DR? I mean, can you simply get something notarized without going through a complicated process involving a lawyer, etc? Thanks in advance!

To be a Notary Public, you need to have a law degree. Getting something notarized is not actually that complicated.

 

[Aguaita29]

All of my vehicles purchases and sales have been handled by my lawyer who had to go to a notary to get her contracts notarized. I asked her why she did become one herself and she said it was too difficult.

I wanted to be a Notary, but when I got my law degree I was under the required age, which was 25. Later, as there were so many, they started regulating the process and made it harder to become one. Now there is a public contest that you have to go through.

 

[Aguaita29]

It has always been my understanding that a lawyer cannot notarize something he has created, has a financial interest in, is not an arm length transaction. That may not be the law in the DR and if not I'd be concerned about a lawyer creating a document and then notarizing it.
IMO and this is not intended to be legal advise.

Lawyers are not supposed to notarize stuff.

 

[rubio_higuey]

All of my vehicles purchases and sales have been handled by my lawyer who had to go to a notary to get her contracts notarized. I asked her why she did become one herself and she said it was too difficult.

To become a notary it has a long waiting list. Only if one dies (or retires), new one is appointed. They usually don't retire, so it's back to them dying. The title (and perks that come with it) is so valuable that you even see 90-year-old notaries still stamping the documents.

 

[playacaribe2]

It has always been my understanding that a lawyer cannot notarize something he has created, has a financial interest in, is not an arm length transaction. That may not be the law in the DR and if not I'd be concerned about a lawyer creating a document and then notarizing it.
IMO and this is not intended to be legal advise.

Maybe the process is different in the DR.......but the purpose of a Notary is to validate that the person signing the document is in fact the person whose name appears on the document. Lawyers, who are also notaries, create documents and notarize signatures on those documents all the time.

To your point though, Lawyers cannot and should not notarize documents signed by themselves or immediate family, or on any document that is granting a power or benefit to him/her.

Respectfully,
Playacaribe2

 

[David B]

Maybe the process is different in the DR.......but the purpose of a Notary is to validate that the person signing the document is in fact the person whose name appears on the document. Lawyers, who are also notaries, create documents and notarize signatures on those documents all the time.

To your point though, Lawyers cannot and should not notarize documents signed by themselves or immediate family, or on any document that is granting a power or benefit to him/her.

Respectfully,
Playacaribe2

This is what I'm looking for: "the purpose of a Notary is to validate that the person signing the document is in fact the person whose name appears on the document." Nothing more.

 

[Yourmaninvegas]

This is what I'm looking for: "the purpose of a Notary is to validate that the person signing the document is in fact the person whose name appears on the document." Nothing more.

It has become much more than that in 🇩🇴 .
With the notary fees often based on the type and size of the contract being signed.
At least that has been my experience.
If you are able to accomplish the task in a simpler manor.
I would certainly be interested in hearing how you did that.

 

[playacaribe2]

This is what I'm looking for: "the purpose of a Notary is to validate that the person signing the document is in fact the person whose name appears on the document." Nothing more.

For a more definitive answer as it relates to law in the DR, you might want to pose your original question in the legal forum.

As a notary for almost 30 years in the US, I have never charged a client to notarize a document. In the US notaries are appointed usually by a governor through a Secretary of States office and provide a public service. That is likely entirely different in the DR.


Respectfully,
Playacaribe2

 

[David B]

For a more definitive answer as it relates to law in the DR, you might want to pose your original question in the legal forum.

As a notary for almost 30 years in the US, I have never charged a client to notarize a document. In the US notaries are appointed usually by a governor through a Secretary of States office and provide a public service. That is likely entirely different in the DR.


Respectfully,
Playacaribe2

It's like $4 in Pennsylvania. When my ex took our minor children to Mexico on vacation, I had to write a simple note stating that I gave approval for my kids to leave the country without me, we took it to that notary, showed our ID, signed, and BAM, sealed. Oh, and paid!

 

[JD Jones]

I can tell you I've had dozens of documents notarized over the years, and I've yet to sign a document in front of a notary.

 

[Yourmaninvegas]

I can tell you I've had dozens of documents notarized over the years, and I've yet to sign a document in front of a notary.

Care to share how you accomplished that feat?